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Examining healthcare competition: a report from the FTC/DOJ workshop

The US Federal Trade Commission (FTC) and Department of Justice (DOJ) recently held the second of a series of workshops designed to enhance their understanding of the competitive implications of a rapidly evolving healthcare industry. The two-day workshop summoned experts from government, academia and business to address some of the industry’s most significant developments. There were robust presentations on accountable care organizations (ACOs), exchanges, emerging provider network designs, alternative payment models and provider consolidation. Following the presentations, there were spirited question and answer sessions in which representatives of the FTC and DOJ had the opportunity to press the speakers on certain issues. The agencies continually stressed the importance of this exercise to the execution of the antitrust laws. They proclaimed that antitrust law is consistent with healthcare reform and that they are committed to preserving competition in the midst of the changing landscape.

The FTC maintains a website that contains complete information about the workshop, including presentation slides and video recordings. Transcripts will also be made available. The agencies invite interested parties to submit public comments for the workshop until April 30, 2015, and instructions for commenting are on the website. For your reference, please find a summary of each of the discussion topics below. Tuesday, February 24, 2015 Opening Remarks • Edith Ramirez, Chairwoman, FTC At the outset, Chairwoman Ramirez pronounced that healthcare is one of the top priorities on the competition agenda, and underscored its importance to our economy and the well-being of our nation. After setting the stage, she declared that vigorous competition provides consumers with lower costs and higher quality of care, and she affirmed that the goals of competition law are consistent with the goals of healthcare reform. She particularly referenced the Ninth Circuit’s recent decision in the St. Luke’s case to bolster her claims,

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